Utah § 76-5-404.1 - Sexual abuse of a child -- Penalties -- Limitations.
Full text of Utah Utah Code § 76-5-404.1 — Sexual abuse of a child -- Penalties -- Limitations., with citation guidance and answers to common questions.
§ 76-5-404.1. Sexual abuse of a child -- Penalties -- Limitations.
Effective 5/6/2026 76-5-404.1.
Sexual abuse of a child -- Penalties -- Limitations.
(1)
(a)
As used in this section:
(i)
"Adult" means an individual 18 years old or older.
(ii)
"Child" means an individual younger than 14 years old.
(iii)
"Female breast" means the same as that term is defined in Section 76-5-401.1.
(iv)
"Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
(v)
"Position of special trust" means:
(A)
an adoptive parent;
(B)
an athletic manager who is an adult;
(C)
an aunt;
(D)
a babysitter;
(E)
a coach;
(F)
a cohabitant of a parent if the cohabitant is an adult;
(G)
a counselor;
(H)
a doctor or physician;
(I)
an employer;
(J)
a foster parent;
(K)
a grandparent;
(L)
a legal guardian;
(M)
a parent;
(N)
a recreational leader who is an adult;
(O)
a religious leader;
(P)
a sibling or a stepsibling who is an adult;
(Q)
a scout leader who is an adult;
(R)
a stepparent;
(S)
a teacher or any other individual employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years old or older;
(T)
an instructor, professor, or teaching assistant at a public or private institution of higher education;
(U)
an uncle;
(V)
a youth leader who is an adult; or
(W)
any individual in a position of authority, other than those individuals listed in Subsections (1)(a)(v)(A) through (V), which enables the individual to exercise undue influence over the child.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection (4), an actor commits sexual abuse of a child if the actor:
(i)
(A)
touches, whether over or under the clothing, the buttocks or pubic area of a child;
(B)
touches, whether over or under the clothing, the female breast of a child;
(C)
touches the anus or genitals of a child over the clothing; or
(D)
otherwise takes indecent liberties with a child whether over or under the clothing; and
(ii)
the actor's conduct is with intent to:
(A)
cause substantial emotional or bodily pain to any individual; or
(B)
arouse or gratify the sexual desire of any individual.
(b)
Any touching, however slight, is sufficient to constitute the relevant element of a violation of Subsection (2)(a).
(3)
A violation of Subsection (2) is a second degree felony.
(4)
The offenses referred to in Subsection (2)(a) are:
(a)
rape of a child, in violation of Section 76-5-402.1;
(b)
object rape of a child, in violation of Section 76-5-402.3;
(c)
sodomy on a child, in violation of Section 76-5-403.1; or
(d)
an attempt to commit an offense listed in Subsections (4)(a) through (4)(c).
Frequently Asked Questions About Utah § 76-5-404.1
What does Utah Code § 76-5-404.1 cover?
Section 76-5-404.1 ("Sexual abuse of a child -- Penalties -- Limitations.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-5-404.1?
A common citation format is "Utah Code § 76-5-404.1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-5-404.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
